13. Januar 2020
Welcome to the latest edition of the R&I update, summarising the more interesting recent legal developments in restructuring and insolvency.
Nick Moser and Alexander Tocili discuss the Secretary of State's successful application for an order against a disqualified director under the new compensation order regime, on behalf of certain creditors resulting in them recovering their debts ahead of other creditors of the insolvent company.
Tobias Rhode considers a recent ruling which reduces the significance of a debtor’s knowledge of their insolvency where the debtor has made a payment on the justified assumption that they will receive a benefit in exchange.
Lisa Iwersen explains why Crowdlending Platform Operators must assess the insolvency-specific risks of borrowers and guarantors when pursuing and enforcing claims.
Ralf van der Pas looks at a new scheme providing for court confirmation of an out-of-court restructuring plan which can bind some or all creditors and/or shareholders involved, which is expected to enter into force in the Netherlands in 2020.